Mahmudiyah killings
Encyclopedia
The Mahmudiyah killings and gang-rape of a 14-year-old girl by U.S. troops
occurred on March 12, 2006, in a house to the southwest of Yusufiyah
, a village to the west of the town of Al-Mahmudiyah, Iraq. Five United States Army
soldiers of the 502nd Infantry Regiment
were charged with the crimes: (i) Sgt. Paul E. Cortez, (ii) Spc. James P. Barker, (iii) Pfc. Jesse V. Spielman, (iv) Pfc. Brian L. Howard and (v) Pfc. Steven D. Green (whom the army discharged before the crime's discovery). Abeer Qasim Hamza, 14, was raped and murdered, after her family was murdered: her mother, Fakhriyah Taha Muhsin, 34; father, Qasim Hamza Raheem, 45; and six-year-old sister Hadeel Qasim Hamza. , Spielman and Green have been convicted and three others have pled guilty.
, southwest of the village of Yusufiyah
, which lies west of the larger township of Al-Mahmudiyah (in the coalition-termed area "Triangle of Death").
According to her neighbours, Abeer spent most of her days at home as her parents would not allow her to go to school because of security concerns. From their checkpoint, the soldiers would often watch Abeer doing her chores and tending the garden. The neighbors had warned Abeer's father of this, but he replied it was not a problem as she was just a small girl.
Abeer's brother Mohammed (who along with his younger brother was at school at the time of the killings and thus survived) recalls that the soldiers often searched the house. And on one such occasion Pfc.
Green ran his index finger down Abeer's cheek, an action which had terrified the 14-year-old girl.
Abeer's mother told her relatives before the murders that, whenever she caught the soldiers staring at Abeer, they would give her the thumbs-up sign, point to her daughter and say "Very good, very good." Evidently this had concerned her and she made plans for Abeer to spend nights sleeping at her uncle's (Ahmad Qassim's) house. According to an affidavit later filed by the FBI, Green discussed raping the girl in the days preceding the event.
The 101st Airborne Division's 502nd Infantry Regiment had been posted at the edge of the 'Triangle of Death' and had been losing one soldier per week It has been described as a severely undermanned operation that sustained severe casualties in a very short time.
Anthony W. Yribe, was charged with failing to report the attack but did not otherwise participate). Of the five, four of the soldiers were alleged to have directly perpetrated the attack, while Pfc. Howard acted as lookout. In broad daylight they walked to the house (not wearing their uniforms) and separated Abeer and her family into two different rooms. Green then murdered her parents and younger sister, while two other soldiers raped Abeer. Green then emerged from the room saying "I just killed them, all are dead". He then raped Abeer and shot her in the head. After the rape the lower part of Abeer’s body, from her stomach down to her feet, was set on fire. The fire eventually spread to the rest of the room and the smoke alerted neighbors, who were among the first to discover the scene. One recalled "The poor girl, she was so beautiful. She lay there, one leg was stretched and the other bent and her dress was lifted up to her neck." They ran to tell Abu Firas Janabi, Abeer’s uncle, that the farmhouse was on fire and that dead bodies could be seen inside the burning building. Janabi and his wife rushed to the farmhouse and doused some of the flames to get inside. Upon witnessing the scene inside, Janabi went to a checkpoint guarded by Iraqi soldiers to report the crime.
The Iraqi soldiers immediately went to examine the scene and thereafter went to a checkpoint manned by U.S. soldiers to report the incident. This checkpoint was different from the one manned by the perpetrators. After approximately an hour, some soldiers from the checkpoint went to the farmhouse. These soldiers were accompanied by at least one of the perpetrators.
On 16 June, a checkpoint manned by soldiers in the perpetrator's unit was attacked and overrun. Specialist David Babineau was killed and Pfcs Thomas Lowell Tucker
and Kristian Menchaca
were captured, tortured, and killed. When Yribe heard this, he told Pfc Justin Watt that Green was a murderer. On June 22, 2006, the rape and the murders came to light when Watt revealed them during a psychological health counseling session. Watt stated that he asked to speak with a mental health counselor because he wanted to bypass what he thought would be a skeptical command structure and get an audience with Army investigators.
Green had been honorably discharged from the Army on May 16, 2006, before the crime was recognized, due to an "antisocial personality disorder
". The FBI assumed jurisdiction for the crime committed by Green under the Military Extraterritorial Jurisdiction Act and charged him with the killings.
) released a graphic video showing the bodies of Pfcs. Tucker and Menchaca. This video was accompanied by a statement saying that the group carried out the killings as "revenge for our sister who was dishonored by a soldier of the same brigade."
The Washington Post
reports that Charles Babineau and two comrades from the same unit were captured and killed by militants a month after the rape.
Local Iraqi officials, and American officials, denied the killing of the GIs was an act of retaliation, because the GIs were killed days before the revelation leaked out that American soldiers had committed the rape and murder in Mahmudiyah. At the time of Menchaca and Tucker's abduction on June 16, 2006, only the perpetrators of the rape and murder, and a few soldiers in their unit engaged in covering up the crime, knew that it had been committed by American soldiers. The crime was revealed by Watt on June 22, and American responsibility only became public knowledge in Iraq on July 4, days after which the video by the Mujahideen Shura Council was released. Also, the abduction occurred on June 16, nine days after the targeted killing
of the Shura Council's leader, Abu Musab al-Zarqawi
, on June 7.
The video from the Mujahideen Shura Council claimed that upon learning of the rape/murder, the group "kept their anger to themselves and didn't spread the news, but were determined to avenge their sister's honor", however the video gave no explanation how they had learned in June that American soldiers were responsible. A statement issued along with the video stated that "God Almighty enabled them to capture two soldiers of the same brigade as this dirty crusader." Other militant groups
also made various claims or statements announcing revenge campaigns after the killings were reported on July 4, when the US investigation into the incident was announced.
On July 4, Jaysh al-Mujahidin claimed downing a US Apache
"in retaliation for the child, Abir, whom US soldiers raped in Al-Mahmudiyah, south of Baghdad."
On July 12, the Islamic Army in Iraq claimed responsibility for a suicide car bomb near the entrance to the Green Zone in Baghdad
, in support of the "Abir operations" targeting the "evil den in the Green prison".
. The other four, all active-duty soldiers, were convicted through courts-martial.
Green was arrested in North Carolina while traveling home from Arlington, Virginia, where he had attended the funeral of a soldier.
On June 30, 2006, the FBI arrested Green, who was held without bond and transferred to Louisville, Kentucky
. On July 3, 2006, United States Federal Court prosecutors formally charged him with raping and killing Abeer Qassim Hamza al-Janabi, and with killing her six-year-old sister Hadeel, her father, Qassim Hamza Rasheed, and her mother, Fakhriya Taha Muhasen in Mahmoudiyah, on March 12, 2006. On July 10, the U.S. Army charged four other active duty soldiers with the same crime. A sixth soldier, Sgt. Anthony Yribe, was charged with failing to report the attack, but not with having participated in the rape and the murders. On May 7, 2009, Pfc. Green was found guilty by the federal court in Kentucky
of rape and multiple counts of murder. While prosecutors sought the death penalty in this case, jurors failed to agree unanimously on that outcome. On September 4, 2009, Green was formally sentenced to life in prison with no possibility of parole. He is being held in the United States Penitentiary in Tucson, Arizona
.
On July 11, 2006, his lawyers requested a gag order
. "This case has received prominent and often sensational coverage in virtually all print, electronic and internet news media in the world." "Clearly, the publicity and public passions surrounding this case present the clear and imminent danger to the fair administration of justice," said the motion.
Prosecutors had until July 25 to file their response to the request.
On August 31, 2006, a federal judge rejected a gag order. U.S. District Judge Thomas Russell said there is "no reason to believe" that Green's right to a fair trial
would be in jeopardy. Furthermore he added, "It is beyond question that the charges against Mr. Green are serious ones, and that some of the acts alleged in the complaint are considered unacceptable in our society."
In July 2007, federal prosecutors, led by Brian Skaret of the United States Department of Justice
's Domestic Security Section
, announced they will be seeking the death penalty for Green. This is based on the fact that prosecutors believe the rape and killings were premeditated, and were committed using a firearm.
Opening arguments in Green's trial were heard on April 27, 2009. The prosecution rested its case on May 4, 2009.
On May 7, 2009, a federal jury convicted Green of rape and murder, for which he could have received the death penalty.
However, on May 21, 2009, Green was spared the death penalty when the jury of nine men and three women could not come to unanimous agreement on a penalty; as a result, he will receive life without parole.
Formal sentencing took place on September 4, 2009.
Some said the jury's indecision may indicate that the public is becoming increasingly aware of combat stress and its effects on soldiers. Green's defense attorneys argued against the death penalty, presenting military witnesses who testified that Green's unit suffered unusual stress and heavy casualties, and had insufficient Army leadership.
Meanwhile, Abeer’s relatives are outraged at the punishment Green has been given, feeling that Green's punishment was not harsh enough. This was featured in Aljazeera News.
, and moved to Midland, Texas
, when he was 14. According to school officials, he dropped out of high school in 2002 after completing the 10th grade and moved to Denver City, Texas
, where he earned his high school equivalency in 2003. Days after a January 2005 arrest for alcohol possession, Green enlisted in the U.S. Army. In doing so, he was granted a moral character waiver for prior alcohol and other drug related offenses that might have otherwise disqualified him. Green graduated from Infantry Training Brigade and was assigned to the 1st Battalion, 502nd Infantry Regiment
, 2nd Brigade, 101st Airborne Division
(Air Assault), Fort Campbell, Kentucky. According to a military spokesperson and a criminal complaint filed in connection with the charges, Green was honorably discharged from the military "due to antisocial personality disorder but before the military was aware of the incident." Green was stationed in Iraq from September 2005 to April 2006 and discharged in May 2006.
Barker pleaded guilty to rape and murder as part of a plea agreement requiring him to give evidence against the other soldiers to avoid the death penalty. He was sentenced to 90 years in prison, and must serve 20 years before being considered for parole. He wept during closing statements, and accepted responsibility for the rape and killings, saying the violence he had encountered in Iraq left him "angry and mean" toward Iraqis.
He is currently held in the United States Disciplinary Barracks
at Fort Leavenworth
, Kansas
.
He is currently held in the United States Disciplinary Barracks at Fort Leavenworth, Kansas.
On August 3, 2007, Private first class Spielman, 23, was sentenced by a court martial to 110 years in prison, with the possibility of parole after 10 years. He was convicted of rape, conspiracy to commit rape, housebreaking with intent to rape and four counts of felony murder. He had earlier pleaded guilty to lesser charges of conspiracy to obstructing justice, arson, wrongfully touching a corpse and drinking.
Spielman is currently held in the United States Disciplinary Barracks at Fort Leavenworth, Kansas.
Howard was sentenced by a court martial under a plea agreement to dishonorable discharge and 27 months' imprisonment for obstruction of justice and being an accessory after the fact. The court found that his involvement included hearing the others discussing the crime and lying to protect them, but not commission of the actual rape or murders.
Howard was given a dishonorable discharge, received a 27-month sentence, and is currently on parole.
and making a false statement
. He negotiated an "other than honorable discharge" and the dropping of the charges against him in return for his testimony against the other men.
No compensation or damages have been paid.
is loosely based upon the events at Mahmudiyah.
United States Army
The United States Army is the main branch of the United States Armed Forces responsible for land-based military operations. It is the largest and oldest established branch of the U.S. military, and is one of seven U.S. uniformed services...
occurred on March 12, 2006, in a house to the southwest of Yusufiyah
Yusufiyah
Yusufiyah is a regional township in the country of Iraq, located in Baghdad Province, approximately 25 km southwest of the capital, Baghdad...
, a village to the west of the town of Al-Mahmudiyah, Iraq. Five United States Army
United States Army
The United States Army is the main branch of the United States Armed Forces responsible for land-based military operations. It is the largest and oldest established branch of the U.S. military, and is one of seven U.S. uniformed services...
soldiers of the 502nd Infantry Regiment
502nd Infantry Regiment
The 502nd Parachute Infantry Regiment was established during World War II as a regiment of the 101st Airborne Division of the United States Army. The Regiment saw substantial action in World War II and went on to deploy in the Vietnam War, the first Gulf War, Operation Iraqi Freedom, and Operation...
were charged with the crimes: (i) Sgt. Paul E. Cortez, (ii) Spc. James P. Barker, (iii) Pfc. Jesse V. Spielman, (iv) Pfc. Brian L. Howard and (v) Pfc. Steven D. Green (whom the army discharged before the crime's discovery). Abeer Qasim Hamza, 14, was raped and murdered, after her family was murdered: her mother, Fakhriyah Taha Muhsin, 34; father, Qasim Hamza Raheem, 45; and six-year-old sister Hadeel Qasim Hamza. , Spielman and Green have been convicted and three others have pled guilty.
Background
Abeer Qassim Hamza al-Janabi (عبير قاسم حمزه الجنابي) (February 28, 1992 – March 12, 2006), 14, lived with her mother and father (Fakhriya Taha Muhasen, 34, and Qassim Hamza Raheem, 45, respectively) and their three other children: 6-year-old daughter Hadeel Qassim Hamza, 11-year-old son Mohammed, and his 9-year-old younger brother Ahmed. Their house was situated approximately 200 metres (218.7 yd) from a six-man U.S. traffic checkpointCivilian checkpoint
Civilian checkpoints or Security checkpoints are distinguishable from border or frontier checkpoints in that they are erected and enforced within contiguous areas under military or paramilitary control...
, southwest of the village of Yusufiyah
Yusufiyah
Yusufiyah is a regional township in the country of Iraq, located in Baghdad Province, approximately 25 km southwest of the capital, Baghdad...
, which lies west of the larger township of Al-Mahmudiyah (in the coalition-termed area "Triangle of Death").
According to her neighbours, Abeer spent most of her days at home as her parents would not allow her to go to school because of security concerns. From their checkpoint, the soldiers would often watch Abeer doing her chores and tending the garden. The neighbors had warned Abeer's father of this, but he replied it was not a problem as she was just a small girl.
Abeer's brother Mohammed (who along with his younger brother was at school at the time of the killings and thus survived) recalls that the soldiers often searched the house. And on one such occasion Pfc.
Private First Class
Private First Class is a military rank held by junior enlisted persons.- Singapore :The rank of Private First Class in the Singapore Armed Forces lies between the ranks of Private and Lance-Corporal . It is usually held by conscript soldiers midway through their national service term...
Green ran his index finger down Abeer's cheek, an action which had terrified the 14-year-old girl.
Abeer's mother told her relatives before the murders that, whenever she caught the soldiers staring at Abeer, they would give her the thumbs-up sign, point to her daughter and say "Very good, very good." Evidently this had concerned her and she made plans for Abeer to spend nights sleeping at her uncle's (Ahmad Qassim's) house. According to an affidavit later filed by the FBI, Green discussed raping the girl in the days preceding the event.
The 101st Airborne Division's 502nd Infantry Regiment had been posted at the edge of the 'Triangle of Death' and had been losing one soldier per week It has been described as a severely undermanned operation that sustained severe casualties in a very short time.
Killings
On March 12, 2006, the soldiers (from the 502nd Infantry Regiment) at the checkpoint had been drinking alcohol and discussing plans to rape Abeer. Five soldiers of the six-man unit responsible for the checkpoint left their posts for the Qasim farmhouse. (The sixth, SergeantSergeant
Sergeant is a rank used in some form by most militaries, police forces, and other uniformed organizations around the world. Its origins are the Latin serviens, "one who serves", through the French term Sergent....
Anthony W. Yribe, was charged with failing to report the attack but did not otherwise participate). Of the five, four of the soldiers were alleged to have directly perpetrated the attack, while Pfc. Howard acted as lookout. In broad daylight they walked to the house (not wearing their uniforms) and separated Abeer and her family into two different rooms. Green then murdered her parents and younger sister, while two other soldiers raped Abeer. Green then emerged from the room saying "I just killed them, all are dead". He then raped Abeer and shot her in the head. After the rape the lower part of Abeer’s body, from her stomach down to her feet, was set on fire. The fire eventually spread to the rest of the room and the smoke alerted neighbors, who were among the first to discover the scene. One recalled "The poor girl, she was so beautiful. She lay there, one leg was stretched and the other bent and her dress was lifted up to her neck." They ran to tell Abu Firas Janabi, Abeer’s uncle, that the farmhouse was on fire and that dead bodies could be seen inside the burning building. Janabi and his wife rushed to the farmhouse and doused some of the flames to get inside. Upon witnessing the scene inside, Janabi went to a checkpoint guarded by Iraqi soldiers to report the crime.
The Iraqi soldiers immediately went to examine the scene and thereafter went to a checkpoint manned by U.S. soldiers to report the incident. This checkpoint was different from the one manned by the perpetrators. After approximately an hour, some soldiers from the checkpoint went to the farmhouse. These soldiers were accompanied by at least one of the perpetrators.
Discovery of crime
Green and the other soldiers who participated in the incident told the Iraqi Army soldiers who arrived on scene immediately after the incident that it had been perpetrated by Sunni insurgents. These Iraqi soldiers conveyed this information to Abeer's uncle who viewed the bodies. This lie having been told, it prevented the event from being recognized as a crime or widely reported amidst the widespread violence occurring in Iraq at that time.On 16 June, a checkpoint manned by soldiers in the perpetrator's unit was attacked and overrun. Specialist David Babineau was killed and Pfcs Thomas Lowell Tucker
Thomas Lowell Tucker
Thomas Lowell Tucker from Madras, Oregon, was a Private First Class of the U.S. Army tortured, killed, and mutilated by Al-Qaeda in Iraq. He was one of two U.S. soldiers seized by the Mujahideen Shura Council during an attack that left a third soldier Spc. David J...
and Kristian Menchaca
Kristian Menchaca
Kristian Menchaca , Brownsville, Texas, was a United States Army Private First Class who was tortured, killed, and mutilated by Al-Qaeda in Iraq. He was married to Christina Menchaca of Big Spring in September 2005, before he was deployed to Iraq.-Military life:Menchaca was one of two U.S...
were captured, tortured, and killed. When Yribe heard this, he told Pfc Justin Watt that Green was a murderer. On June 22, 2006, the rape and the murders came to light when Watt revealed them during a psychological health counseling session. Watt stated that he asked to speak with a mental health counselor because he wanted to bypass what he thought would be a skeptical command structure and get an audience with Army investigators.
Green had been honorably discharged from the Army on May 16, 2006, before the crime was recognized, due to an "antisocial personality disorder
Antisocial personality disorder
Antisocial personality disorder is described by the American Psychiatric Association's Diagnostic and Statistical Manual, fourth edition , as an Axis II personality disorder characterized by "...a pervasive pattern of disregard for, and violation of, the rights of others that begins in childhood...
". The FBI assumed jurisdiction for the crime committed by Green under the Military Extraterritorial Jurisdiction Act and charged him with the killings.
Alleged retaliation
On July 11, the Mujahideen Shura Council (now a part of the group Islamic State of IraqIslamic State of Iraq
The Islamic State of Iraq , is an umbrella organization of a number Iraqi insurgency groups established on October 15 2006.The group is composed of and supported by a variety of insurgency groups, including its predecessor, the Mujahideen Shura Council, Al-Qaeda, Jeish al-Fatiheen, Jund al-Sahaba,...
) released a graphic video showing the bodies of Pfcs. Tucker and Menchaca. This video was accompanied by a statement saying that the group carried out the killings as "revenge for our sister who was dishonored by a soldier of the same brigade."
The Washington Post
The Washington Post
The Washington Post is Washington, D.C.'s largest newspaper and its oldest still-existing paper, founded in 1877. Located in the capital of the United States, The Post has a particular emphasis on national politics. D.C., Maryland, and Virginia editions are printed for daily circulation...
reports that Charles Babineau and two comrades from the same unit were captured and killed by militants a month after the rape.
Local Iraqi officials, and American officials, denied the killing of the GIs was an act of retaliation, because the GIs were killed days before the revelation leaked out that American soldiers had committed the rape and murder in Mahmudiyah. At the time of Menchaca and Tucker's abduction on June 16, 2006, only the perpetrators of the rape and murder, and a few soldiers in their unit engaged in covering up the crime, knew that it had been committed by American soldiers. The crime was revealed by Watt on June 22, and American responsibility only became public knowledge in Iraq on July 4, days after which the video by the Mujahideen Shura Council was released. Also, the abduction occurred on June 16, nine days after the targeted killing
Targeted killing
Targeted killing is the deliberate, specific targeting and killing, by a government or its agents, of a supposed terrorist or of a supposed "unlawful combatant" who is not in that government's custody...
of the Shura Council's leader, Abu Musab al-Zarqawi
Abu Musab al-Zarqawi
Abu Musab al-Zarqawi ; October 30, 1966 – June 7, 2006), born Ahmad Fadeel al-Nazal al-Khalayleh was a Jordanian militant Islamist who ran a paramilitary training camp in Afghanistan...
, on June 7.
The video from the Mujahideen Shura Council claimed that upon learning of the rape/murder, the group "kept their anger to themselves and didn't spread the news, but were determined to avenge their sister's honor", however the video gave no explanation how they had learned in June that American soldiers were responsible. A statement issued along with the video stated that "God Almighty enabled them to capture two soldiers of the same brigade as this dirty crusader." Other militant groups
Iraqi insurgency
The Iraqi Resistance is composed of a diverse mix of militias, foreign fighters, all-Iraqi units or mixtures opposing the United States-led multinational force in Iraq and the post-2003 Iraqi government...
also made various claims or statements announcing revenge campaigns after the killings were reported on July 4, when the US investigation into the incident was announced.
On July 4, Jaysh al-Mujahidin claimed downing a US Apache
AH-64 Apache
The Boeing AH-64 Apache is a four-blade, twin-engine attack helicopter with a tailwheel-type landing gear arrangement, and a tandem cockpit for a two-man crew. The Apache was developed as Model 77 by Hughes Helicopters for the United States Army's Advanced Attack Helicopter program to replace the...
"in retaliation for the child, Abir, whom US soldiers raped in Al-Mahmudiyah, south of Baghdad."
On July 12, the Islamic Army in Iraq claimed responsibility for a suicide car bomb near the entrance to the Green Zone in Baghdad
Baghdad
Baghdad is the capital of Iraq, as well as the coterminous Baghdad Governorate. The population of Baghdad in 2011 is approximately 7,216,040...
, in support of the "Abir operations" targeting the "evil den in the Green prison".
Legal proceedings
Green was arrested as a civilian, and convicted by a civilian court, the U.S. District Court in Paducah, KentuckyPaducah, Kentucky
Paducah is the largest city in Kentucky's Jackson Purchase Region and the county seat of McCracken County, Kentucky, United States. It is located at the confluence of the Tennessee River and the Ohio River, halfway between the metropolitan areas of St. Louis, Missouri, to the west and Nashville,...
. The other four, all active-duty soldiers, were convicted through courts-martial.
Steven Dale Green
On June 30, 2006, the FBI arrested Green, who was held without bond and transferred to Louisville, Kentucky
Louisville, Kentucky
Louisville is the largest city in the U.S. state of Kentucky, and the county seat of Jefferson County. Since 2003, the city's borders have been coterminous with those of the county because of a city-county merger. The city's population at the 2010 census was 741,096...
. On July 3, 2006, United States Federal Court prosecutors formally charged him with raping and killing Abeer Qassim Hamza al-Janabi, and with killing her six-year-old sister Hadeel, her father, Qassim Hamza Rasheed, and her mother, Fakhriya Taha Muhasen in Mahmoudiyah, on March 12, 2006. On July 10, the U.S. Army charged four other active duty soldiers with the same crime. A sixth soldier, Sgt. Anthony Yribe, was charged with failing to report the attack, but not with having participated in the rape and the murders. On May 7, 2009, Pfc. Green was found guilty by the federal court in Kentucky
Kentucky
The Commonwealth of Kentucky is a state located in the East Central United States of America. As classified by the United States Census Bureau, Kentucky is a Southern state, more specifically in the East South Central region. Kentucky is one of four U.S. states constituted as a commonwealth...
of rape and multiple counts of murder. While prosecutors sought the death penalty in this case, jurors failed to agree unanimously on that outcome. On September 4, 2009, Green was formally sentenced to life in prison with no possibility of parole. He is being held in the United States Penitentiary in Tucson, Arizona
United States Penitentiary, Tucson
United States Penitentiary, Tucson is a prison operated by the Federal Bureau of Prisons located in Tucson, Arizona. Located southeast of Downtown Tucson near Interstate 10 and Wilmot Road, the institution is part of a larger Federal Correctional Complex that includes Federal Correctional...
.
Trial
On July 6, 2006, Green entered a plea of not guilty through his public defenders. U.S. Magistrate Judge James Moyer set an arraignment date of August 8 in Paducah, Kentucky.On July 11, 2006, his lawyers requested a gag order
Gag order
A gag order is an order, sometimes a legal order by a court or government, other times a private order by an employer or other institution, restricting information or comment from being made public.Gag orders are often used against participants involved in a lawsuit or criminal trial...
. "This case has received prominent and often sensational coverage in virtually all print, electronic and internet news media in the world." "Clearly, the publicity and public passions surrounding this case present the clear and imminent danger to the fair administration of justice," said the motion.
Prosecutors had until July 25 to file their response to the request.
On August 31, 2006, a federal judge rejected a gag order. U.S. District Judge Thomas Russell said there is "no reason to believe" that Green's right to a fair trial
Right to a fair trial
The right to fair trial is an essential right in all countries respecting the rule of law. A trial in these countries that is deemed unfair will typically be restarted, or its verdict voided....
would be in jeopardy. Furthermore he added, "It is beyond question that the charges against Mr. Green are serious ones, and that some of the acts alleged in the complaint are considered unacceptable in our society."
In July 2007, federal prosecutors, led by Brian Skaret of the United States Department of Justice
United States Department of Justice
The United States Department of Justice , is the United States federal executive department responsible for the enforcement of the law and administration of justice, equivalent to the justice or interior ministries of other countries.The Department is led by the Attorney General, who is nominated...
's Domestic Security Section
Domestic Security Section
The Domestic Security Section was a component of the United States Department of Justice Criminal Division that was focused on the prosecution of significant alien smuggling organizations, complex immigration frauds, certain violent crime and firearms offenses, crimes committed under the Military...
, announced they will be seeking the death penalty for Green. This is based on the fact that prosecutors believe the rape and killings were premeditated, and were committed using a firearm.
Opening arguments in Green's trial were heard on April 27, 2009. The prosecution rested its case on May 4, 2009.
On May 7, 2009, a federal jury convicted Green of rape and murder, for which he could have received the death penalty.
However, on May 21, 2009, Green was spared the death penalty when the jury of nine men and three women could not come to unanimous agreement on a penalty; as a result, he will receive life without parole.
Formal sentencing took place on September 4, 2009.
Some said the jury's indecision may indicate that the public is becoming increasingly aware of combat stress and its effects on soldiers. Green's defense attorneys argued against the death penalty, presenting military witnesses who testified that Green's unit suffered unusual stress and heavy casualties, and had insufficient Army leadership.
Meanwhile, Abeer’s relatives are outraged at the punishment Green has been given, feeling that Green's punishment was not harsh enough. This was featured in Aljazeera News.
Appeal
Green challenged his convictions, claiming that the Military Extraterritorial Jurisdiction Act is unconstitutional and that he should face a military trial. In his first interview since the killings Green was quoted as saying "I didn't think of Iraqis as humans". Green lost his appeal in August, 2011.Biography
Green grew up in Seabrook, TexasSeabrook, Texas
Seabrook is a city in Harris county, with some water surface area located within Chambers county in the U.S. state of Texas. The population was 9,443 at the 2000 census....
, and moved to Midland, Texas
Midland, Texas
Midland is a city in and the county seat of Midland County, Texas, United States, on the Southern Plains of the state's western area. A small portion of the city extends into Martin County. As of 2010, the population of Midland was 111,147. It is the principal city of the Midland, Texas...
, when he was 14. According to school officials, he dropped out of high school in 2002 after completing the 10th grade and moved to Denver City, Texas
Denver City, Texas
Denver City is a town in Gaines and Yoakum counties in the U.S. state of Texas, just a short distance from the New Mexico boundary that is named for the petroleum company, Denver Productions. The population was 3,985 at the 2000 census. The town is located at the intersection of Texas State...
, where he earned his high school equivalency in 2003. Days after a January 2005 arrest for alcohol possession, Green enlisted in the U.S. Army. In doing so, he was granted a moral character waiver for prior alcohol and other drug related offenses that might have otherwise disqualified him. Green graduated from Infantry Training Brigade and was assigned to the 1st Battalion, 502nd Infantry Regiment
502nd Infantry Regiment
The 502nd Parachute Infantry Regiment was established during World War II as a regiment of the 101st Airborne Division of the United States Army. The Regiment saw substantial action in World War II and went on to deploy in the Vietnam War, the first Gulf War, Operation Iraqi Freedom, and Operation...
, 2nd Brigade, 101st Airborne Division
101st Airborne Division
The 101st Airborne Division—the "Screaming Eagles"—is a U.S. Army modular light infantry division trained for air assault operations. During World War II, it was renowned for its role in Operation Overlord, the D-Day landings on 6 June 1944, in Normandy, France, Operation Market Garden, the...
(Air Assault), Fort Campbell, Kentucky. According to a military spokesperson and a criminal complaint filed in connection with the charges, Green was honorably discharged from the military "due to antisocial personality disorder but before the military was aware of the incident." Green was stationed in Iraq from September 2005 to April 2006 and discharged in May 2006.
James P. Barker
On November 15, 2006, SpecialistSpecialist (rank)
Specialist is one of the four junior enlisted ranks in the U.S. Army, just above Private First Class and equivalent in pay grade to Corporal. Unlike Corporals, Specialists are not considered junior non-commissioned officers...
Barker pleaded guilty to rape and murder as part of a plea agreement requiring him to give evidence against the other soldiers to avoid the death penalty. He was sentenced to 90 years in prison, and must serve 20 years before being considered for parole. He wept during closing statements, and accepted responsibility for the rape and killings, saying the violence he had encountered in Iraq left him "angry and mean" toward Iraqis.
He is currently held in the United States Disciplinary Barracks
United States Disciplinary Barracks
The United States Disciplinary Barracks is a military prison located on Fort Leavenworth, a United States Army post in Kansas....
at Fort Leavenworth
Fort Leavenworth
Fort Leavenworth is a United States Army facility located in Leavenworth County, Kansas, immediately north of the city of Leavenworth in the upper northeast portion of the state. It is the oldest active United States Army post west of Washington, D.C. and has been in operation for over 180 years...
, Kansas
Kansas
Kansas is a US state located in the Midwestern United States. It is named after the Kansas River which flows through it, which in turn was named after the Kansa Native American tribe, which inhabited the area. The tribe's name is often said to mean "people of the wind" or "people of the south...
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Paul E. Cortez
On January 22, 2007, Sergeant Cortez pleaded guilty in a court martial to rape, conspiracy to rape, and four counts of murder as part of a plea deal to avoid the death penalty, and was sentenced to 100 years in prison. He will be eligible for parole in 10 years. Cortez, 24, also was given a dishonorable discharge. He wept as he apologized for the crimes, saying he could not explain why he took part.He is currently held in the United States Disciplinary Barracks at Fort Leavenworth, Kansas.
Jesse V. Spielman
Spielman is currently held in the United States Disciplinary Barracks at Fort Leavenworth, Kansas.
Bryan L. Howard
Private first classPrivate First Class
Private First Class is a military rank held by junior enlisted persons.- Singapore :The rank of Private First Class in the Singapore Armed Forces lies between the ranks of Private and Lance-Corporal . It is usually held by conscript soldiers midway through their national service term...
Howard was sentenced by a court martial under a plea agreement to dishonorable discharge and 27 months' imprisonment for obstruction of justice and being an accessory after the fact. The court found that his involvement included hearing the others discussing the crime and lying to protect them, but not commission of the actual rape or murders.
Howard was given a dishonorable discharge, received a 27-month sentence, and is currently on parole.
Anthony W. Yribe
Initially Sgt. Yribe was charged with obstructing the investigation, specifically, dereliction of dutyDereliction of duty
Dereliction of duty is a specific offense under United States Code Title 10,892. Article 92 and applies to all branches of the US military. A service member who is derelict has willfully refused to perform his duties or has incapacitated himself in such a way that he cannot perform his duties...
and making a false statement
False statement
A false statement is a statement that is either willfully or unknowingly untrue. Though the word fallacy is often used as a synonym for false statement, this is not what is meant by "fallacy" in logic or most formal contexts....
. He negotiated an "other than honorable discharge" and the dropping of the charges against him in return for his testimony against the other men.
Justin Watt
Private first class Justin Watt, the whistleblower, received a medical discharge and is now running a computer business. He says that he has received threats since coming forward.Survivors
Mohammad and Ahmad Kassem al-Janabi, the surviving brothers of murder victim Abeer al-Janabi, are being raised by an uncle, according to testimony in the courts-martial of Cortez, Barker and Spielman. Caitlin Berczik, a spokeswoman for the Iraqi embassy in Washington, said the Iraqi government could provide no information about the children's whereabouts or how to contact them or their uncle.No compensation or damages have been paid.
Film
The 2007 fictional movie RedactedRedacted (film)
Redacted is a 2007 American war film written and directed by Brian De Palma. It is a fictional dramatization, loosely based on the 2006 Mahmudiyah killings in Mahmoudiyah, Iraq...
is loosely based upon the events at Mahmudiyah.
Book
The incident and the ensuing investigations were described in the book Black Hearts by Jim Frederick, published in 2010.See also
- FOB Ramrod kill teamFOB Ramrod kill teamThe Maywand District killings refer to the murder of three Afghan civilians perpetrated by a group of United States Army soldiers in 2010, during the War in Afghanistan...
- Human rights in post-Saddam Hussein IraqHuman rights in post-Saddam Hussein IraqHuman rights in post-invasion Iraq have been the subject of concerns and controversies since the 2003 invasion. Concerns have been expressed about conduct by insurgents, the U.S.-led coalition forces and the Iraqi government. The U.S...
- Hamdania incidentHamdania incidentThe Hamdania incident refers to an incident involving members of the United States Marines in relation to the shooting death of a possible insurgent Iraqi man on April 26, 2006 in Al Hamdania, a small village west of Baghdad near Abu Ghraib...
- Haditha massacre
- John E. HatleyJohn E. HatleyJohn E. Hatley is a former Master Sergeant in the United States Army serving a 40 year sentence in the Fort Leavenworth Disciplinary Barracks for the murder of four Iraqi detainees. Hatley was originally sentenced to life with the chance for parole...
External links
- Video: The Rape & Murder Scene in Mahmudiya - Short BBCBBCThe British Broadcasting Corporation is a British public service broadcaster. Its headquarters is at Broadcasting House in the City of Westminster, London. It is the largest broadcaster in the world, with about 23,000 staff...
Documentary from August 7, 2006 - Images: The Mahmudiya Massacre Images - A Photo Series
- Resources: The Massacre of Mahmudiya: A full detail of the case with court documents
- Killings shattered dreams of rural Iraqi family
- Rape: American soldiers 'took turns' The Age Aug 8, 2006
- Steven Green's Apology to Victims May 28, 2009
- "I came over here because I wanted to kill people." Andrew Tilghman The Washington Post Sunday July 30, 2006